Porotov v. Ukraine

FIFTH SECTION

Application no. 42270/08 Volodymyr Sergiyovych POROTOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 16 September 2014 as a Committee composed of:

Ann Power-Forde, President, Ganna Yudkivska, André Potocki, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 20 August 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Volodymyr Sergiyovych Porotov, is a Ukrainian national, who was born in 1952 and lives in Komsomolske.

The Ukrainian Government (“the Government”) were represented by their Acting Agent, Ms Olga Davydchuk.

The applicant complained that the criminal proceedings against him were incompatible with the requirements of Article 6 of the Convention.

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the case. By letter of 19 October 2013 the applicant was invited to appoint a legal representative for the proceedings before the Court. However, he failed to do so. He also failed to respond to a registered letter dated 19 February 2014 warning the applicant of the possibility that his case might be struck out of the Court’s list. According to the acknowledgement of receipt slip, the letter has not been collected.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Stephen Phillips Ann Power-Forde Deputy Registrar President